6.2. SR 12-16-2002 - Laserfiche WebLink

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Memo to Board of Adjustments May 28, 2002 Page 3 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. Literal enforcement would require the applicant to place the garage in a location that will not suit the applicant's needs. The garage could be moved closer to the house and meet the 20 foot rear yard setback. By placing the garage 5 feet closer to the house the need for a rear yard setback is eliminated. The garage can not be setback any further from 190th Avenue because of the drainfield. However, the garage setback will be the same as the existing house. The site is unique in the fact that the property is much smaller than what the current R-lb District requires for a non-sewered lot area. Non-sewered lots in the R-lb district must be a minimum of 1-acre. There is, however, space on the property for the proposed garage, septic system and the well. Lkeral application of the ordinance provisions would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Other properties in the area have two car garages with easy access into the main floor of the house. The need for the variance is not a result of the petitioners action or inaction. The need for the variance is a result of the slope of the land and the location of the drainfield. The request would not adversely impact other properties in the vicinity. Recommendation Staff recommends that Board of Adjustments approve the request to allow a variance to build within the 35-foot Front Yard Setback based on the following findings: Literal enforcement would require, the applicant to place the garage in a location that will no.t suit the applicant's needs. Because of the topography there is no alternative location on the property that would be s~aitable for a garage. The garage can not be setback any further from 190th Avenue because of the drainfield. However, the garage setback will be the same as the existing house. The site is unique in the fact that the property is much smaller than what the current R-lb District requires.for a non-sewered lot area. Non-sewered lots in the R-lb district must be a minimum of 1-acre. There is, however, space on the property for the proposed garage, septic system and the well. Literal application of the ordinance provisions would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Other properties in the area have two car garages with easy access into the main floor of the house. The need for the variance is not a result of the petitioners action or inaction. The need for the variance is a result of the slope of the land and the location of the drainfield.~ S:\PLANNING\Case Files\V 02-04 Grani\V 02-04.doc